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Mel Cousins

Selected Works

2010

Constitution law

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Full-Text Articles in Law

Equal Protection, Workers Compensation And Offset Of Benefits – Merrill V Utah Labor Commission And Satterlee V Lumberman's Mutual Casualty Company, Mel Cousins Aug 2010

Equal Protection, Workers Compensation And Offset Of Benefits – Merrill V Utah Labor Commission And Satterlee V Lumberman's Mutual Casualty Company, Mel Cousins

Mel Cousins

One issue which has received considerable attention in terms of equal protection challenges in US courts is that concerning the offset of one type of social security benefits with another, with an occupational benefit, or the overlapping of various benefits with worker’s compensation payments. The Supreme Court in Richardson v Belcher upheld the reduction in social security disability insurance because of receipt of a state worker’s compensation payment as rationally based and free from invidious discrimination. The Court and various Federal courts of appeals have subsequently shown little interest in subjecting such offset provisions to more than a minimal level …